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Texas judge weighs temporary restraining order over hemp product ban

A dispensary advertises sales of Delta-8 and other intoxicating products.
A dispensary advertises sales of Delta-8 and other intoxicating products.
: Getty Images

Smoke shops across Texas could soon resume sales of previously banned hemp-derived THC products, including Delta-8 and Delta-10, depending on an upcoming ruling from a Travis County judge.




Travis County District Judge Maya Guerra Gamble heard arguments Friday in a lawsuit brought by hemp store owners against the State of Texas. The business owners are challenging state regulations that ban the sale of certain hemp-derived THC compounds.

While the Texas Supreme Court ruled in May that trace amounts of THC remain legal under state law, attorneys for the hemp retailers argued that the state has failed to establish a clear legal definition for what constitutes "trace amounts." Because of that omission, the plaintiffs maintain the current enforcement of the ban is unconstitutional and inherently flawed.

Gamble is expected to issue a ruling on the requested temporary restraining order as early as Monday.